1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked, and

1. Basic facts

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with respect to the Plaintiff’s vehicle A (hereinafter “Plaintiff’s vehicle”). The Defendant is an insurer who entered into the respective automobile B (hereinafter “Defendant’s vehicle”).

B. On April 18, 2016, around 20:30, the Plaintiff’s vehicle proceeding as the second line among the three-lanes near the sand station located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu (hereinafter “instant road”) and attempted to make a right-hand turn to the intersection. On the third line of the instant road, the Plaintiff’s vehicle stopped slowly on the left-hand side of the Defendant’s vehicle, and the entire right-hand side of the Plaintiff’s vehicle, all of which the Defendant’s vehicle stopped on the third line of the instant road.

(hereinafter referred to as “instant accident”). C.

Of the roads in this case, the second line is a straight line, and the third line is a straight line.

After the instant accident, the Plaintiff paid KRW 137,700 at the repair cost of the Plaintiff’s vehicle.

[Ground of Recognition] Unsatisfy, Gap evidence 1 to Gap evidence 4, Eul evidence 1 to Eul evidence 5

2. Determination

A. As to the degree of negligence contributed to the occurrence of the instant accident, the Plaintiff asserted that the negligence of the Defendant vehicle is 40%, and the Defendant asserts that the negligence of the Defendant vehicle is about 10%.

The key issue of this case is to what extent the negligence of Defendant vehicle should be considered in the occurrence of the instant accident.

B. The Plaintiff and the Defendant’s negligence that contributed to the occurrence of the instant accident are deemed to be 80:20, in light of the following circumstances acknowledged by comprehensively taking account of the evidence Nos. 3 and Eul’s evidence Nos. 4 (including virtual numbers) as well as the overall purport of each film and pleading:

(1) Where a driver of any motor vehicle intends to make a right-hand side at an intersection, he/she shall proceed slowly to the right-hand side of the road in advance.

(Article 25(1) of the Road Traffic Act. However, at the time of the instant accident, the Plaintiff’s vehicle attempted to make a right-hand turn on the second line, which is the straight-way vehicle.

② The Plaintiff is the Defendant’s vehicle.